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Traffic Law DUI/DWI Newsletters

Criminal Offense of Attempting to Elude

It is against the law to attempt to elude a police officer by willfully failing to stop a vehicle if the officer gives you an audible or visual signal to stop and the police officer is in uniform, prominently displaying a badge or other insignia. If a police officer is in an appropriately marked official police vehicle when he or she gives the signal stop, whether or not the officer is in uniform, the vehicle driver may not attempt to elude the officer by willfully failing to stop the vehicle.

Criminal Offense of Unsafe Passing

Passing another vehicle is an important part of driving; if done poorly, it can be a dangerous and even fatal maneuver. The statutes addressing passing generally require motorists to allow a passing motorist, moving in the same direction, free passage to the left. The overtaken motorist is specifically prohibited from increasing his or her speed to prevent the overtaking motorist from passing.

Diversion Programs for DUI/DWI Offenses

Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs).

Reckless Driving Violations

A person commits the offense of reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of people or property. The phrase "willful and wanton" means that the motorist showed deliberate and conscious indifference to the safety of others. The essence of reckless driving lies in the manner and circumstances of the vehicle’s operation, not merely in the act of operating a vehicle.

Sober Living as Alternative Sentencing for DUI/DWI

A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state’s laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives.